SIXTEENTH DAY

September 2, 1998 (Met, pursuant to evening recess of

September 1, 1998, at 9:33 a.m.)

THE COURT: (Reading document)

Bring them back.

(Jury present. 9:40 a.m.)

THE COURT: Very pleased to have the jury panel back. Hope each of you had a nice evening and are feeling okay. Anyone on the panel experiencing any problems this morning? If so, please raise your hand and I'll talk to you about that.

The court reporter, Mrs. Garlick, has gotten the transcript. She's on vacation. She stayed up all night typing this for us so she went to great effort to provide you with this transcript. I hope you appreciate that. The Court will provide you with a copy of that.

You may return to the jury room again to begin your deliberations. When you've reached a unanimous verdict, knock on the door.

(Jury absent. 9:41 a.m.)

THE COURT: Court will stand at ease.

(Court at ease)

THE COURT: Do you know where Mr. Lloyd is?

MR. HATFIELD: I don't know, Your Honor. I was

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in criminal court downstairs.

THE COURT: Here he comes now.

Okay. Ladies and gentlemen, the jury has indicated they have reached a verdict in this matter. They'll be coming into the courtroom very shortly.

The Court wants to warn each of you at this time that I will not tolerate any emotional outburst. If you feel like you're going to show any emotion here in the courtroom, you better leave now, because these officers have been instructed to identify those individuals who show such emotional outburst, and they'll be cited for contempt and they'll be either paying a fine or spending time in jail. So if you feel like you can't act as an adult and realize this is a court of law and these 12 people have been here for the last five weeks and have given this matter their very best effort. I know it's been difficult for the families and all involved. There will be a period of time that you may show emotion, but that will not occur until after this jury leaves the courtroom. So please remember, if you feel like you can't control your emotions or make any emotional outburst, then you suffer the consequences.

Bring them in.

(Jury present. 10:54 a.m.)

THE COURT: Okay. The jury foreman --

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Mr. Lewey, are you still the foreman of this jury?

JURY FOREPERSON: Yes.

THE COURT: And has the jury reached a unanimous verdict as to all three matters?

JURY FOREPERSON: Yes, sir.

THE COURT: And have you signed and dated those verdict sheets, sir?

JURY FOREPERSON: Yes, sir, I have.

THE COURT: Will you please hand those to the court officer.

(Complied)

THE COURT: Let the record show the jury in the case of the State of North Carolina v. Ronnie Lee Kimble has reached unanimous verdicts as to all three matters; that the jury foreman, Mr. William Lewey, has signed and dated the verdict sheets; that the State is represented by Assistant District Attorney Mr. Richard Panosh; that the defendant is present and represented by counsel, Mr. Hatfield and Mr. Lloyd.

Madam Clerk, will you please take the verdicts.

THE CLERK: Members of the jury, you have agreed upon your verdicts. You say you find the defendant, Ronnie Lee Kimble, in 97 CrS 39580, guilty of first-degree murder. You also found issue (a) on the basis of malice, premeditation and deliberation, and

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answered yes. Issue (b) under the first-degree felony murder rule, and answered yes.

As to 98 CrS 23485, you found the defendant, Ronnie Lee Kimble, guilty of first-degree arson.

As to 97 CrS 23654, you say you find the defendant guilty of conspiracy to commit murder.

Are these your verdicts and do you still assent thereto?

(Affirmative response)

THE COURT: Please poll the jury.

(The jury was polled in open court by the clerk; each juror answered that the verdict returned by the foreperson was his or her verdict and each still assented thereto.)

THE COURT: Members of the jury, at this time you may take your recess, and you'll need to be back at 2:00. We'll begin the sentencing phase evidence at 2:00, so you need to be back in the jury room at 2 p.m.

Again, be very careful at this point that you do not discuss this case any further among yourselves or with anyone else or allow anyone to talk to you about the case or talk about the case in your presence. Keep an open mind because we've got the sentencing phase to go. Please be back at 2 o'clock. And again, remember my instructions. Have a nice morning, and I'll see you

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at 2.